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Seif Hamed Abdallah v. Republic

(2013) JELR 96683 (CA)

Court of Appeal  •  Criminal Appeal 500 of 2010  •  23 May 2013  •  Kenya

Erastus Mwaniki Githinji, Milton Stephen Asike Makhandia, Fatuma sichale



Seif Hamed Abdalla, the appellant was on 28th November, 2005 convicted by the Principal Magistrate Mombasa, of the offence of robbery with violence contrary to section 296(2) of the Penal Code and sentenced to death. Being aggrieved, he preferred an appeal against both conviction and sentence. Ibrahim, J. (as he then was) and Odero, J., on 19th October, 2010 dismissed the appeal, hence this second and probably last appeal.

On 26th August, 2004, Delvan Mwarashu Kizangaone, who was the complainant in the trial court was walking along Tamarind beach in Mombasa when he was suddenly accosted by two men who requested him to take them a photograph with his camera for a fee of Kshs.20/-. He did so but one of them suddenly moved behind him and placed a knife on his back. The other man who turned out to be the appellant and was holding an empty bottle then hit the complainant on the head and injured him seriously whilst demanding to be given the camera and money. The complaiā€¦

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